Alteration of other rules of organisation
159 Alteration of other rules of organisation
An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:
complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements; and
is not otherwise contrary to law; and
has been made under the rules of the organisation.
Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.
An alteration of rules that has been certified under subsection (1) takes effect on the day of certification.
This section does not apply in relation to an alteration of the rules of an organisation that is:
proposed to be made in relation to an application for an exemption from subsection 144(1); or
determined or certified by the General Manager under subsection 144(7) or section 156, 163, 246, 247 or 249; or
proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or
proposed to be made for the purposes of a withdrawal from amalgamation under Part 3 of Chapter 3.
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